ORDER VI – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER VI. PLEADINGS GENERALLY

 

ORDER VI
PLEADINGS GENERALLY

 

1. Pleading

“Pleading”, shall mean plaint or written statement.

 

1[2. Pleading to state material facts and not evidence

 

(1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved.

 

(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.

 

(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.]

 

1. Subs, by Act No. 104 of 1976, sec. 56, for rule 2 (w.e.f. 1-2-1977).

 

3. Forms of pleading

The forms in Appendix A when applicable, and where they are not applicable forms of the like character, nearly as may be, shall be used for all pleadings.

 

4. Particulars to be given where necessary

In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading.

 

HIGH COURT AMENDMENT

 

Karnataka:-

In Order VI, renumber rule 4 as sub-rule (1) thereof and insert the following sub-rule, namely:-

 

“(2) In a suit of infringement of a patent, the plaintiff shall state I his plaint or annexed thereto the particulars of the breaches relied upon, and defendant if he disputes the validity of the patent shall state in his written statement or annex thereto the particulars of the objections on which he relies in support of such invalidity; at the hearing of any such suit no evidence, shall, except with the leave of the Court (to be given upon such terms as to the Court may seem just), be admitted in proof of any alleged infringement or objections not raised in the particulars of breaches or objections respectively.” (w.e.f. 30-3-1967)

 

STATE AMENDMENTS

 

Andhra Pradesh.- Same as in Madras.

 

Kerala.- Same as in Madras.

 

Madras.– In ORder VI, after rule 4, insert the following rule, namely.-

“4A. (1) In a suit for infringment of a patent, the plaintiff shall state in his plaint or annex thereto the particulats of breaches relied upon.

 

(2) In any such suit the defendant if he disputes the validity of the patent shall state in his written statement or annex thereto the particulars of the objections which he relies in support of such invalidity.

 

(3) At the hearing of any such suit no evidence shall, except by leave of the Court (to be given upon such terms as to the Court may seem just), he admitted in proof of any alleged infringement or objections not raised in the particulars of breaches or objections respectively.”

 

Madhya Pradesh.-

After rule 4, the foll
owing rule shall be inserted, namely:-

 

“4-A. Particulars of pleading for agricultural land.-In any suit or proceeding contemplated under rule 3-B of Order 1, the parties, other than the State Government, shall plead the particulars of total agricultural land which is owned, claimed or held by them in any right and shall further declare whether the subject-matter of suit or proceeding is or is not covered by Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (20 of 1960), and whether any proceedings in relation to such subject-matter are to the knowledge of the party pending before the competent authority.” [M.P. Act 29 of 1984]

 

1[5.Further and better statement, or particulars]

 

1. Omitted by Act No. 46 of 1999, section 16 (w.e.f. 1-7-2002).

 

6. Condition precedent

Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case my be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.

 

7. Departure

No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.

 

8. Denial of contract

Where a contract is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact from which the same may be implied and not as a denial of the legality or sufficiency in law of such contract.

 

9. Effect of document to be stated

Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.

 

10. Malice, knowledge, etc.,

Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.

 

11. Notice

Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred are material.

 

12. Implied contract, or relation

Wherever any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letter, conversations or circumstances without setting them out in detail. And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.

 

13. Presumptions of law

Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been specifically denied (e.g. consideration for a bill of exchange where the p
laintiff sues only on the bill and not for the consideration as a substantive ground of claim.)

 

14. Pleading to be signed

Every pleading shall be signed by the party and his pleader (if any):

Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf.

 

HIGH COURT AMENDMENT

 

Karnataka:-

In Order VI, renumber rule 14 as sub-rule (2) and insert the following sub-rule, namely:-

 

“(1) Every pleading shall contain the party’s full address for service, that is to say, full address of his place of residence as well as place of business, if any, in addition ti his pleader’s address for service as required by rule 32 of Order V of this Code. Such address for service furnished by the party, unless a change therein has been notified to the Court by filing a memorandum to that effect, shall be presumed to be his correct address for service for purposes of suit, any appeal or revision or other proceeding directed against the decree or order passed in that suit, when a memorandum of change of address is filed by any party, a note to that effect shall be made in the cause title of the pleading and if the pleading happens to be the written statement also in the cause title of the plaint.” (w.e.f. 30-3-1967)

 

1[14A. Address for service of notice

 

(1) Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.

 

(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and stating the new address of the party and accompanied by a verified petition.

 

(3) The address furnished in the statement made sub-rule (1) shall be called the “registered address” of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit of in any appeal from any decree or order therein made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years after the final determination of the cause or matter.

 

(4) Service of any process may be effected upon a party at his registered address in all respects as though such party resided thereat.

 

(5) Where the registered address of a party is discovered by the court to be incomplete, false or fictitious, the Court may, either on its own motion, or on the application of any party, order-

 

(a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or

 

(b) in the case where such registered address was furnished by a defendant, his defence be struck out and he be placed in the same position as if he had not put up any defence.

 

(6) Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be, the defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of stay or, as the case may be, the order striking out the defence.

 

(7) the Court, if satisfied that the party was prevented by any sufficient cause from filing the true address at the proper time, shall set aside the order of stay or order striking out the defence, on such term as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.

 

(8) Nothing in this rule shall prevent the Court from directing the service of a process at any other address, if, for any reason, it thinks fit to do so.]

 

HIGH COURT AMENDMENT

 

Bombay:-

In Order VI, for rule 14A, substitute the following rule, namely:-

“14A. Address for service of notice:-

 

(1) Every pleading when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in Rule 14, regarding the address of the party. Parties subsequently added shall immediately on being so added file a memorandum in writing of this nature.

 

(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and stating the new address of the party and accompanied by a verified petition. Notice of such change shall be given to such other parties as the Court may deem it necessary and the form showing the change may be served either on the pleader or such parties or be sent to them by registered post pre-paid for acknowledgment as the Court thinks fit.

 

(3) The address furnished in the statement made under sub-rule (1) shall be called the “registered address” of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit or in any appeal from any decree or order therein made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of six years alter the final determination of the cause or matter.

 

(4) (i) Where a party is not found at the registered address and no agent or adult male member of his family, on whom a notice or process can be served is present, a copy of the notice or process shall be affixed to the outer door of the house. If on the date fixed such party is not present another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address of that party by registered post pre-paid for acknowledgement (which pre-payment shall be made within one month from the date originally fixed for hearing) and such service shall be deemed to be as effectual as if the notice or process had been personally served.

 

(ii) Where the party engages a pleader, notice or process issued against the party shall be served in the manner prescribed by Order 11, rule 5, unless the Court directs service at the registered address of the party.

 

(5) Where the registered address of a party is not filed within the specified time or is discovered by the Court to be incomplete, false or fictitious, the Court may, either on its own motion, or on the application of any party, order-

 

(a) in case where the default in furnishing registered address is by plaintiff or where such registered address was furnished by a plaintiff, rejection of the plaint, or

 

(b) in case where the default in furnishing registered address is by the defendant or where such registered address was furnished by a defendant, his defence is struck out and he be placed in the same position as if he had not put any defence.

 

(6) Where a plaint is rejected or defence is struck out under sub rule (5), the plaintiff or as the case may be defendant after furnishing his true address, apply to the Court for an order to set aside the rejection of the plaint or as the case may be, the order striking out the defence.

 

(7) The Court is satisfied that the party was prevented by any sufficient cause from filing the true address at the proper time, shall set aside the rejection of the plaint or order striking out the defence, on such terms as to costs or otherwise as it thinks fit and shall app
oint a day for proceeding with the suit or defence, as the case may be.

 

(8) Where a party is not found at the registered address and no agent or adult member of his family on whom a notice or process can be served is present, a copy of the notice or process shall be affixed to the outer door of the house. If on the date fixed such party is not present, another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address of that party by registered post pre-paid for acknowledgement (which pre-payment shall be made within one month from the date originally fixed for hearing) and such service shall be deemed to be as effectual as if the notice or process had been personally served.

 

(9) Where the Court has struck out the defences under sub-rule (5) and has consequently passed a decree or an order, the defendant or the opposite party as the case may be, may apply to the Court by which the decree or order was passed for an order setting aside the decree or order and if he files a registered address and satisfies the Court that he was prevented by any sufficient cause from filing the address, the Court shall make an order setting aside the decree or order against him upon such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or proceeding, provided that where the decree or order is of such a nature that it cannot be set aside as against the defendant or opposite party only, it may be set aside as against all or any of the defendant or opposite party.

 

(10) Nothing in this rule shall prevent the Court from directing service of a process at any other address, if for any reason it thinks fit to do so.

 

(11) Where a party engages a pleader, a notice or process issued against the party shall be served in the manner prescribed by Order 11, rule 5 unless the Court directs service at the registered address of the party.” (w.e.f. 1-10-1983)

 

1. Ins. by Act No. 104 of 1976, sec. 56 (w.e.f. 1-2-1977).

 

15. Verification of pleadings

 

(1) Save as otherwise provided by any law for the time being in force, every pleading shall be varied at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.

 

(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

 

(3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.

 

1[(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.]

 

HIGH COURT AMENDMENTS

 

Bombay.-

In Order VI, in rule 15, in sub-rule (1), at the end, substitute colon for the full-stop and insert the following proviso, namely:-

 

“Provided that in respect of pleading to be filed in the Bombay City Civil Court such verification shall within the local jurisdiction of the Court, be made before one of the officers of the said Court empowered to administer oath and elsewhere, before any other mentioned in section 139 of the Code of Civil Procedure, 1908.” {w.e.f. 1-10-1983)

 

Orissa.-

Same as in Patna.

Patna.-

 

In Order 6, in rule 15, for sub-rule (1), substitute the following sub-rule, namely:-

 

“(1
) Save as otherwise provided by any law for the time being in force, the facts stated in every pleading shall be verified by solemn affirmation or on oath of the party or of one of the parties pleading or of some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, before any officer empowered to administer oath under section 139 of the Code.” (w.e.f. 27-9-1961)

 

1. Sub-rule (4) added by Act No. 46 of 1999, section 16 (w.e.f. 1-7-2002).

 

1[16. Striking out pleadings

 

The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading-

 

(a) which may be unnecessary, scandalous, frivolous or vexatious, or

 

(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or

 

(c) which is otherwise an abuse of the process of the Court.]

 

1. Subs, by Act No. 104 of 1976, sec. 56, for rule 16 (w.e.f. 1-2-1977).

 

1[2[17. Amendment of pleadings.-

 

The Court may at any stage of the proceedings allow either party o alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties.

 

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court conies to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

 

1. Rules 17and 18 which were omitted by Act No. 46 of 1999, section 16.

 

2. Subs. by Act 22 of 2002, sec. 7 for rules 17 and 18 [as they stood immediately before their omission by clause (iii) of section 16 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) (w.e.f. 1-7-2000).

 

18. Failure to amend after order.

 

If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the Court.]]

 

 

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